On November 6th initiatives in Colorado and Washington State were approved that effectively legalized marijuana for recreational use. This marks a historic point in time making Washington State and Colorado the earliest states to legalize marijuana.
The initiatives describe new laws and regulations which will decriminalize possession of small quantities of marijuana by people over the age of 21. In addition to decriminalizing possession the initiatives will open up a new marketplace for growing, packaging and providing marijuana.
Under the new law in Washington State there'll be a 25% sales tax on marijuana. Forty percent of the new income will go to state and local budgets. This 25% tax rate will be imposed on marijuana products three times. Marijuana will be taxed when the grower sells to the processor, when the processor sells to the retailer and once the merchant sells to the customer. The tax on marijuana sales promises to be an excellent source of important revenue for the state.
Although the initiatives have passed at state level, marijuana remains to be unlawful under federal law. Marijuana continues to be classified as a controlled substance under the Controlled Substances Act of 1970. In a written statement, the Department of Justice has made it very clear that "enforcement of the Controlled Substances Act remains unchanged".
The divergence of these new state laws from federal laws could make for lawsuits soon. It is possible that the federal government could sue Washington and Colorado for being in violation of federal laws. The Department of Justice is now evaluating the new state laws in addition to similar initiatives around the country.
Questions abound for retailers, growers, consumers as well as businesses that have long had zero tolerance policies concerning marijuana use. It is probable that there is going to be controversy associated with employers penalizing or terminating the employment of people who test positive for marijuana.
Even though this is a milestone for change in both Washington and Colorado it is obvious that it is only the beginning. It is likely to take a year or more for all of the unique rules and specifics to be written and approved by local officials. In the meantime, marijuana proponents in both states will be hoping that the federal government recognizes the choice of the voters enabling each state to translate the new laws into profitable and economically viable new endeavors.
For now it will be a waiting game.
The initiatives describe new laws and regulations which will decriminalize possession of small quantities of marijuana by people over the age of 21. In addition to decriminalizing possession the initiatives will open up a new marketplace for growing, packaging and providing marijuana.
Under the new law in Washington State there'll be a 25% sales tax on marijuana. Forty percent of the new income will go to state and local budgets. This 25% tax rate will be imposed on marijuana products three times. Marijuana will be taxed when the grower sells to the processor, when the processor sells to the retailer and once the merchant sells to the customer. The tax on marijuana sales promises to be an excellent source of important revenue for the state.
Although the initiatives have passed at state level, marijuana remains to be unlawful under federal law. Marijuana continues to be classified as a controlled substance under the Controlled Substances Act of 1970. In a written statement, the Department of Justice has made it very clear that "enforcement of the Controlled Substances Act remains unchanged".
The divergence of these new state laws from federal laws could make for lawsuits soon. It is possible that the federal government could sue Washington and Colorado for being in violation of federal laws. The Department of Justice is now evaluating the new state laws in addition to similar initiatives around the country.
Questions abound for retailers, growers, consumers as well as businesses that have long had zero tolerance policies concerning marijuana use. It is probable that there is going to be controversy associated with employers penalizing or terminating the employment of people who test positive for marijuana.
Even though this is a milestone for change in both Washington and Colorado it is obvious that it is only the beginning. It is likely to take a year or more for all of the unique rules and specifics to be written and approved by local officials. In the meantime, marijuana proponents in both states will be hoping that the federal government recognizes the choice of the voters enabling each state to translate the new laws into profitable and economically viable new endeavors.
For now it will be a waiting game.
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